Md. Mahtab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60048 of 2023 Arising Out of PS. Case No.-287 Year-2021 Thana- KHAIRA District- Jamui ====================================================== 1.

Md. Mahtab Khan S/O Samsuddin Khan R/O Village- Banpur, Ps. Khaira, Dist. Jamui 2.

Md. Miraj Khan @ Mitaj Khan S/O Riyaj Khan R/O Village- Banpur, Ps. Khaira, Dist. Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. Earlier the prayer for bail of the petitioners was withdrawn vide order dated 11.07.2022 passed in Cr. Misc. No. 60079 of 2021.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354(A), 506, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.60048 of 2023(2) dt.15-09-2023 2/3 It is a case of assaulting due to which the informant and his brother sustained injuries. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. There is land dispute between the parties. There is counter version of the occurrence also and informant's side also sustained injuries. The police after investigation submitted final form against the petitioners and did not sent them for trial. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks from today be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of

Patna High Court CR. MISC. No.60048 of 2023(2) dt.15-09-2023 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 287 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T